Cuba’s new trademark law, Decree-Law 103/2025 on trademarks and trade names, entered into force on 8 August 2026, sixty days after its publication in the Official Gazette of 9 June 2026, and replaces Decree-Law 203 of 1999. It protects sound marks, makes bad-faith filing a ground for absolute nullity, allows cancellation after three consecutive years without use and sets 60-day deadlines for oppositions and appeals. Spanish and European tourism, hospitality and food brands present in Cuba should review their registrations now.
Update (October 2026): WIPO Information Notice No. 40/2026 (23 September 2026) confirmed that holders of international registrations have 60 calendar days, counted from WIPO’s transmission, to respond to provisional refusals issued by the Cuban office on or after 8 August 2026. Cuba also withdrew its earlier declarations, so the two-month minimum response period of the Madrid Regulations now applies and requests to merge divided registrations are accepted. WIPO, Information Notice No. 40/2026.
Key takeaways
- The law applies from 8 August 2026 to new filings and, subject to the transitional rules of its Regulation, to pending applications and existing registrations.
- Sounds are expressly registrable; the Regulation also covers position, pattern, motion, multimedia and hologram marks. Smell and taste marks are excluded.
- A registration obtained in bad faith can be declared absolutely null at any time.
- Marks not used in Cuba for three consecutive years can be cancelled, on request or ex officio.
- Oppositions, responses to oppositions (art. 28) and administrative appeals each have 60 calendar days.
What does Cuba’s new trademark law change?
The law and its implementing Regulation (Decree 151/2026) were published together in Official Gazette No. 50 of 9 June 2026, with the new fee schedule (Resolution 71/2026). The main points for foreign owners:
| Topic | Decree-Law 103/2025 | Practical effect |
|---|---|---|
| Signs | Words, letters, numbers, figurative elements, colour combinations, shapes and sounds (art. 2) | Jingles and audio logos can be protected |
| Opposition | 60 calendar days from the circulation of the Official Bulletin, with supporting documents (art. 27) | Watch the Cuban bulletin for conflicting filings |
| Examination | Substantive examination to conclude within one year of filing (art. 29) | More predictable timelines |
| Appeal | Reconsideration appeal (recurso de reforma) within 60 calendar days; decision within 45 (art. 32) | A refusal can be challenged without going to court |
| Term and renewal | 10 years from filing; renewal in the 6 months before expiry or a 6-month grace period with surcharge (arts. 35 to 37) | Docket the filing date, not the grant date |
| Representation | Owners without a real and effective establishment in Cuba act through an official industrial property agent (art. 4) | A local agent is needed |
Sound marks and other new signs
Article 2 adds sounds to the list of registrable signs and expressly excludes smells and tastes. Article 7 of the Regulation explains how to represent each type: a sound mark is filed as an audio file plus musical notation or a spectrogram and a description; position marks need a reproduction showing where the sign sits on the product; motion and multimedia marks are filed as video. Hotel chains and food brands that use a recognisable jingle or audio logo in Cuba now have a clear route to register it.
Bad faith and non-use: the risk for existing registrations
Under article 66, absolute nullity can be requested, or declared by the office itself, at any time while the registration is in force when the applicant acted in bad faith.
The other side is non-use. Article 72 allows cancellation when the mark has not been genuinely used in Cuba for three consecutive years after grant. Use resumed after that period only saves the mark if it began at least three months before the cancellation request (art. 73). Use by a licensee counts, as does use on goods for export from Cuba and advertising, provided the goods reach the market within two months of the campaign starting (art. 74). The burden of proving use lies with the owner (art. 75).
Madrid designations and official fees
Cuba has been a Madrid Protocol member since 1995, so it can be designated in an international registration. Articles 114 and 115 apply the national procedure to international marks except where the treaties provide otherwise. Resolution 71/2026 sets fees in US dollars for foreign owners:
- Application, up to three classes: USD 390, plus USD 120 per extra class.
- Renewal, up to three classes: USD 440; USD 480 or 520 in the grace period.
- Opposition: USD 150. Response to a Madrid provisional refusal: USD 150.
- Non-use cancellation: USD 200. Nullity: USD 250.
What this means for your business
- Audit use: for each Cuban registration, collect dated evidence of sales, distribution or advertising in Cuba for the last three years.
- Search the register for copies of your marks filed by third parties and assess bad-faith nullity.
- Consider filing sound or position marks for signature jingles, packaging or uniforms.
- Update your docket: 60 days for oppositions and appeals, renewal counted from filing.
- Review sanctions exposure before acting: Cuba is subject to United States sanctions under the Cuban Assets Control Regulations, which can affect groups with US links, and the law itself allows the Cuban government to respond to unilateral measures by other states. Check your position with an adviser.
To coordinate Cuba with the rest of your Latin American portfolio, our international trademark team can review your registrations and designations.
Where companies get this wrong
- Assuming an old registration is safe: three years without use is now enough for cancellation.
- Missing the opposition window: 60 days from the bulletin’s circulation, not from when you learn of the filing.
- Letting the distributor file: a mark in the partner’s name invites a bad-faith dispute later.
Frequently asked questions
When did Cuba’s new trademark law enter into force?
Decree-Law 103/2025 was published in the Official Gazette of Cuba on 9 June 2026 and entered into force sixty days later, on 8 August 2026. It repeals Decree-Law 203 of 1999.
Can my Cuban trademark be cancelled for non-use?
Yes. Under article 72, a registration can be cancelled, on request or by the office itself, if the mark has not been genuinely used in Cuba for three consecutive years after grant. Use by a licensee and advertising followed by market launch within two months count. The owner bears the burden of proving use.
Is bad faith now a ground to cancel a Cuban trademark?
Yes. Article 66 lists filing in bad faith as a ground for absolute nullity, which can be requested or declared ex officio at any time while the registration is in force. This helps owners whose mark was registered in Cuba by a distributor, agent or other third party.
Can IP Global Guard manage my trademarks in Cuba?
Yes. We prepare Madrid designations through your office of origin, acting before EUIPO and OEPM directly where our professionals are entitled and through qualified representatives otherwise, and coordinate an official industrial property agent in Cuba for oppositions, refusals and cancellations, from a single point of contact.
How IP Global Guard can help protect your brand in Cuba
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship.
Send us the list of your Cuban registrations and how each mark is used on the island. We will flag the marks exposed to non-use cancellation, check for bad-faith copies and plan any new filings. Get in touch with our team.
This article is general information, not legal advice, and does not cover sanctions compliance.
Sources
- Gaceta Oficial de la República de Cuba No. 50 (Ordinary): Decree-Law 103/2025, Decree 151/2026 and Resolution 71/2026 (9 June 2026)
- WIPO Lex, Madrid Protocol contracting parties (database)
- US Treasury, OFAC, Cuba sanctions (programme page)
- WIPO, Madrid Information Notice No. 40/2026 (23 September 2026; update only)
